Section 136p. 136

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

SECTION III Arbitral Proceedings

ARTICLE 15

General Provisions

1.

Subject

to

these

Rules, the arbitral tribunal may

conduct the arbitration in such manner as it considers

appropriate, provided that the parties are treated with

equality and that at any stage of the proceedings each

party is given a full opportunity of presenting his case.

2.

If

either

party

so

requests

at

any

stage of the

proceedings, the arbitral tribunal shall hold hearings for

the presentation of evidence by witnesses, including

expert witnesses, or for oral argument. In the absence of

such a request, the arbitral tribunal shall decide whether

to hold such hearings or whether the proceedings shall

be conducted on the basis of documents and other

materials.

3. All documents or information supplied to the arbitral

tribunal

by

one

party

shall

at

the

same

time

be

communicated by that party to the other party.

ARTICLE 16

Place of Arbitration

1. Unless the parties have agreed upon the place where

the

arbitration

is

to

be

held,

such

place

shall

be

determined by the arbitral tribunal, having regard to the

circumstances of the arbitration.

2. The arbitral tribunal may determine the locale of the

arbitration within the country agreed upon by the parties.

It may hear witnesses and hold meetings for consultation

among its members at any place it deems appropriate,

having regard to the circumstances of the arbitration.

3. The arbitral tribunal may meet at any place it deems

appropriate for the inspection of goods, other property or

documents. The parties shall be given sufficient notice to

enable them to be present at such inspection.

4. The award shall be made at the place of arbitration.

ARTICLE 17

Language

1. Subject to an agreement by the parties, the arbitral

tribunal shall, promptly after its appointment, determine

the language or languages to be used in the proceedings.

This determination shall apply to the statement of claim,

the

statement

of

defence,

and

any

further

written

statements

and,

if

oral

hearings take place, to the

language or languages to be used in such hearings.

2. The arbitral tribunal may order that any documents

annexed to the statement of claim or statement of

defence, and any supplementary documents or exhibits

submitted in the course of the proceedings, delivered in

their

original

language,

shall be accompanied by a

translation into the language or languages agreed upon

by the parties or determined by the arbitral tribunal.

ARTICLE 18

Statement of Claim

1. Unless the statement of claim was contained in the

notice of arbitration, within a period of time to be

determined by the arbitral tribunal, the claimant shall

communicate his statement of claim in writing to the

respondent and to each of the arbitrators. A copy of the

contract,

and

of

the

arbitration

agreement

if

not

contained in the contract, shall be annexed thereto.

2. The statement of claim shall include the following

particulars:

(a) The names and addresses of the parties;

(b) A statement of the facts supporting the claim;

(c) The points at issue;

(d) The relief or remedy sought.

The claimant may annex to his statement of claim all

documents he deems relevant or may add a reference to

the documents or other evidence he will submit.

ARTICLE 19

Statement of Defence

1. Within a period of time to be determined by the arbitral

tribunal,

the

respondent

shall

communicate

his

statement of defence in writing to the claimant and to

each of the arbitrators.

2. The statement of defence shall reply to the particulars

(b), (c) and (d) of the statement of claim (article 18, para. 2).

The

respondent

may

annex

to

his

statement

the

documents on which he relies for his defence or may add

a reference to the documents or other evidence he will

submit.

3. In his statement of defence, or at a later stage in the

arbitral proceedings if the arbitral tribunal decides that

the delay was justified under the circumstances, the

respondent may make a counter-claim arising out of the

same contract or rely on a claim arising out of the same

contract for the purpose of a set-off.

4. The provisions of article 18, paragraph 2, shall apply to a

counter-claim and a claim relied on for the purpose of a

set-off.

ARTICLE 20

Amendments to the Claim or Defence

During the course of the arbitral proceedings either party

may amend or supplement his claim or defence unless

the arbitral tribunal considers it inappropriate to allow

such amendment having regard to the delay in making it

or

prejudice

to

the

other

party

or

any

other

circumstances. However, a claim may not be amended in

such a manner that the amended claim falls outside the

scope of the arbitration clause or separate arbitration

agreement.

ARTICLE 21

Pleas as to the Jurisdiction of the Arbitral Tribunal

1. The arbitral tribunal shall have the power to rule on

objections

that

it

has no jurisdiction, including any

objections with respect to the existence or validity of the

arbitration

clause

or

of

the

separate

arbitration

agreement.

2. The arbitral tribunal shall have the power to determine

the existence or the validity of the contract of which an

arbitration clause forms a part. For the purposes of article

21, an arbitration clause which forms part of a contract

and which provides for arbitration under these Rules shall

be treated as an agreement independent of the other

terms of the contract. A decision by the arbitral tribunal

that the contract is null and void shall not entail ipso jure

the invalidity of the arbitration clause.

3.

A

plea

that

the

arbitral

tribunal

does

not have

jurisdiction shall be raised not later than in the statement

of defence or, with respect to a counter-claim, in the reply

to the counterclaim.

4. In general, the arbitral tribunal should rule on a plea

concerning its jurisdiction as a preliminary question.

However, the arbitral tribunal may proceed with the

arbitration and rule on such a plea in their final award.

ARTICLE 22

Further Written Statements

The arbitral tribunal shall decide which further written

statements, in addition to the statement of claim and the

statement of defence, shall be required from the parties

or may be presented by them and shall fix the periods of

time for communicating such statements.

ARTICLE 23

Periods of Time

The periods of time fixed by the arbitral tribunal for the

communication

of written statements (including the

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